Rajasthan
,
Panchwa
,
Nagaur
Published :
May 2019
|
Updated :
Rajasthan High Court Orders Removal of Encroachment from Pasture Land in Nagaur
Reported by
Ashish Gaur
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
960
People affected
1985
Year started
2
Land area affected
Households affected
960
People Affected
1985
Year started
2
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Encroachment by Non-Right Holders (Other than Caste-based)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Land Use
Reason/Cause of conflict
Encroachment by Non-Right Holders (Other than Caste-based)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

On January 30, 2019, a bench of the Rajasthan High Court took suo moto action against administrative laxity in dealing with the encroachment of pasture land in Panchwa village in Rajasthan's Nagaur district. The court directed the district collector to "adopt the village to ensure that encroachment is removed". According to Narayan Ram, sarpanch (panchayat head) of Panchwa, the land in question is pasture land as per revenue records. He told Land Conflict Watch that people started settling on the land in 19851990. The number of people gradually grew as the government failed to take timely action. The families that settled built houses while the village panchayat issued noobjection certificates (NOCs) for water and electricity connections. Today, nearly 200 families have encroached upon 1.92 hectares. Following the court order, administrative officials swung into action and directed the tehsildar and patwari (revenue officer) to carry out land measurement, which created a fear of eviction among the residents. They claim that the village panchayat first issued them NOCs and when they had settled on the land, the government wanted to evict them. Kuchaman City tehsildar Jagdish Sharma told Land Conflict Watch that measurement of the land has been taken on the order of the district collector. He added that a report is being prepared and that notices have already been served to the encroachers to vacate the land. When Land Conflict Watch asked Sharma whether the residents will be compensated if the encroachments are demolished, Sharma said that the government does not pay compensation in the case of nonright holders encroaching upon government land. The residents have launched several protests against the demolition of their houses and their removal from the land.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Demand for legal recognition of land rights

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Refusal to give up possession of the land

Region Classification

Rural

Type of Land

Common

Non-Forest (Grazing Land)

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Village panchayat, District administration, Rajasthan High Court

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Yes

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

5
Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

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Author
Reported by
Ashish Gaur
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Fact sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Demand for legal recognition of land rights

Demand to retain/protect access to common land/resources

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

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Exclusive monthly policy briefs, stories from the ground, Quarterly Analytics report, Curated Expert talks, merchandise and much more.


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